The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-18

JUSTICE HARLAN'S DECISION.

The decision of Justice Harlan, Of tie
United States Supreme Court, in the case of
Simeon Coy, printed in full in the Journal
terest. 1t settles an important principle and
will doubtless become leading case. 1t is
eight months since the frauds were perpe-
trated which gave rise to this now celebrated
true figures and footings in certain election
returns and the substitution of false and
forged ones by means of which the result of
the election in the of certain officers
was reversed. The changes in the returns
were made by means of erasures and substi-
tued figures. The discovery and exposure of
the fraud produced sensation in the city
which soon spread throughout the State. 1t
was evident that bold crime had been COM
mitted, and honest men, irrespective Of party,
demanded an investigation. Suspicion point
ed to certain persons as the guilty parties and
circumstances furnished corroborative proof.
A public meeting was held and a committee
of one h-ndred citizens appointed
to investigate the matter and institute
legal proceedings. It is unnecessary
to recapitulate the history of these pro-
ceedings. They have shown determined eff
fort on the part of the citizens committee to
bring the guilty parties to justice, and an
equally determined effort by the defendants
to defeat the law. During the earlier stages
of the investigation they showed very bold
front, and exhibited confidence in their abil-
to contempt for the prosecution. In some of
the preliminary proceedings they were sue
cessful. AT last, under an able charge from
Judge Woods, indictments were found that
possessed the sticking quality. and the de-
PENDANTS were required to give bail. Judge
Woods overruled a demurrer to the indict-
ments, and set the for trial on the 10Th
inst. Hoping to secure favorable decision
from higher judge on the question of juris-
diction and thus avert trial, one of the de-
PENDANTS, Simeon Coy, went to Jail and then
applied for writ of habeas corpus. This APP
plication came before Justice Harlan, and he
has denied the writ. In doing so he
asserts in the fullest and strongest
manner the jurisdiction of the United
States Court over this case and all cases
of the violation of a State election law at an
election for Congressman. His decision APP
plies to other States as we'll as to Indiana and
asserts the broad principle that Congress may
establish regulations of its own for the purity
of congressional elections adopt those of a
State, fixing its own penalty for violation.
Under this decision every officer of State
election at which Congressman is voted for
is subject to the provisions and penalties not
only of the State but of the United States
law regulating such elections. The decision
involves other important conclusions of gen.
eral nature, but it is not necessary to dwell on
these at present. Enough to say that it settles
the question of jurisdiction in this case and
brushes away all dilatory motions and pro-
ceedings of that kind. It was. of course, JUS
tice Harlan's duty to decide the case in strict
accordance with the law, without regard
to other considerations. Happily, his deci-
sion is also in accordance with the sentiments
of honest men everywhere and with the inter-
ests of honest elections and good government.